Small Business Resources

Trademarks

What is a trademark or service mark?

• A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

• A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.

Do Trademarks, Copyrights and Patents protect the same things?

• No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, go to http://lcweb.loc.gov/copyright/. For patent information, go to http://www.uspto.gov/main/patents.htm.

OK, but should I copyright my original writing? 

Here's what the United States Copyright Office has to say:

• When is my work protected?
  Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. (i.e. when you first compose it on your computer, but is REALLY copyrighted when you post it on a web page...DW)

• Do I have to register with your office to be protected?
  No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”(i.e. in other words, if you want the court's protection, you better register your work with the Copyright office...DW)

Links: US Government U.S. Trademarks basic info and links. U.S. Copyright Office basic info and links Trademark Search US Trademark Office search tool searches 3 million pending, registered and dead federal trademarks File for Trademark Protection Enables you to file electronically Web Sites TM Web A Canadian site, with a Canadian focus.  However, they can search both Canadian and US trademarks.  You can also apply for trademark protection in 139 different countries. TradeMark Express Lots of services (for a fee), including Federal, State and Common Law searches.   Businesses have "first use" or common law rights to their trade names in whatever geographic area they serve. MARKS COMPOSED, IN WHOLE OR IN PART, OF DOMAIN NAMES a US Trademark Office guideline to attorneys on what kind of words and terms constitute a valid trademark.  While full of legalese, it is interesting to read.

Articles: Domain Names and Trademark Law a good introduction article Is Your Domain Name A Trademark Infringement? a short discussion of how domain names can infringe on pre-existing trade names.

Recommended Books: Patent, Copyright & Trademark: An Intellectual Property Desk Reference (Patent, Copyright and Trademark, 6th Ed) by Stephen Elias, Richard Stim Amazon Price:         $27.99 Web and Software Development: A Legal Guide by Stephen Fishman Amazon Price:     $31.47     See more titles on trademark law at Amazon.com